Draft Financial Services Bill (Joint Committee) Debate

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Department: Leader of the House
Monday 18th July 2011

(12 years, 9 months ago)

Commons Chamber
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Lord Mann Portrait John Mann
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I thank you, Mr Speaker, for redirecting me following my aberration after that intervention.

Kelvin Hopkins Portrait Kelvin Hopkins (Luton North) (Lab)
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The hon. Member for Devizes (Claire Perry) accused my hon. Friend of taking a high moral tone, but does he agree that surely a high moral tone is to be preferred to a low moral tone?

Lord Mann Portrait John Mann
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I am attempting simply to put across a few views that I believe would appropriately reflect the views of my constituents. I am putting no tone—high, low or otherwise—into this debate.

Members are elected to come and put forward in this House what we think appropriate. One thing that my constituents, and therefore I, would not regard as appropriate, and that the House overall should not regard as appropriate, is having a Joint Committee made up exclusively of English members. A Joint Committee on the draft Financial Services Bill that reflects this House, in the way that Select Committees do, ought to be more reflective of the entirety of the UK, and not just of England. I say that with some irony, because I am one of those who has argued that the English voice has been understated in this House.

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Lord Mann Portrait John Mann
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Thank you, Mr Speaker, for that helpful guidance.

The final point that I wish to make in relation to the amendment is that the randomness of selection of an individual member to remove can have many motives and be for many reasons. This important proposal by the Government is fundamentally flawed in its make-up, as I have outlined, being English only and male only, with the Committee meeting as a priority during the summer and being a Joint Committee with the House of Lords.

The weakness of the usual channels, inspired by Government and the Government’s timetabling, has meant that we have not been able to have this debate without amendment. I therefore urge that in future when such matters are before the House, they should not be tabled to be nodded through at 10 pm with no debate or require objections from individual Members or groups of Members in order to stop that process, requiring an amendment to allow a debate both on the amendment and on the issues underlying the make-up of the Committee and the flawed and biased decision of Government in that regard. That is the Government’s responsibility. We as a House have a responsibility to hold the Government to account and to ensure that they do not get away with such sloppiness in their programming of legislation that they put legislation—

Kelvin Hopkins Portrait Kelvin Hopkins
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I am rather disappointed that my hon. Friend seems to be coming to the end of his speech, which I am enjoying so much. Does he agree that there are far too many tight programme motions in the Chamber and that we should have more thorough debates to make sure that every point can be thoroughly discussed, as my hon. Friend is doing?

John Bercow Portrait Mr Speaker
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Order. That is a most interesting intervention, but sadly it has absolutely nothing to do with the establishment, composition or remit of the Joint Committee on the Draft Financial Services Bill.

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Kevan Jones Portrait Mr Kevan Jones (North Durham) (Lab)
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It is an honour to follow my hon. Friend the Member for Bassetlaw (John Mann). As he knows, I was born in his constituency, so I have a fond spot for the area in north Nottinghamshire that he represents. I wish to oppose his amendment, but also to raise some concerns about the motion.

It is important that the work of the Committee focuses on getting this right. We all remember, certainly those of us from the north-east, that the first domino to fall in the financial crisis was Northern Rock. We saw people quite rightly queuing round the block, fearing for their savings and worrying what would come next. Getting regulation right will be very important, and therefore the work of the Committee will be very important not only for this generation, but for future generations.

It is clear that this Government, the previous Government and the previous Conservative Government grappled with getting the balance right between regulation and having a free market that allows markets to generate the capital and finance that industry and individuals require. Therefore, the Committee will be very important. The task we have set it, in quite a short time scale, which I will come on to in a minute, is rather intriguing. It is a little like the ark of the covenant, in the sense that I will be amazed if the Committee finds the perfect system for regulation.

The nature of the Committee was referred to earlier. The Government brought forward the White Paper setting out the draft regulation. I am a big supporter of draft legislation. I do not think that the press and public have quite got a handle on it yet, because when Governments change draft legislation it is seen as a defeat for them, and that should not be seen as the way forward.

Kelvin Hopkins Portrait Kelvin Hopkins
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I very much agree with what my hon. Friend is saying. Does he not agree that more pre-legislative scrutiny would improve the quality of legislation and that we should have more of it?

Kevan Jones Portrait Mr Jones
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I agree. To be honest, my answer to the question of the second Chamber is ultimately to vote to abolish it. I have always been a unicameralist and think that if we did the job here better we would get legislation that was not only better, but more timely and well drafted, and we would not have the theatricals that we have to go through with the other place.

The draft legislation is being put forward and I welcome that process. I sat on one of the very first Joint Committees in 2003—the Joint Committee on the draft Civil Contingencies Bill. For a new Member, that was a very good process and learning curve, because it included young and inexperienced Members of this House, such as the hon. Member for Newark (Patrick Mercer) and myself, and Members of the House of Lords, such as Lord Archer, a former Solicitor-General, and Lord Condon, who is a former Metropolitan Police Commissioner. They brought a wealth of experience to that process, which was a good one in that it could not be replicated by the usual way in which we conduct legislative scrutiny in this place. The most important thing was that out of the 130 amendments that were tabled, well over 100 were accepted. The important thing about this Committee will be whether it genuinely conducts pre-legislative scrutiny and whether the Government will really consider changing their proposals.

My hon. Friend the Member for Bassetlaw talked about the House of Lords. I feel uncomfortable not about joint legislative scrutiny with the House of Lords, which is a good process, but about having it for financial matters. That makes me a bit nervous. Not only the membership of the Committee from this House, but the selection process in the other place, which is nothing to do with us, as I well know, have not been thought through. Getting the balance right is a difficult job. The supremacy of this place in dealing with financial issues has to be maintained. I would not like, as my hon. Friend said, for this to be a chink in the armour that breaks the convention that this House, not the other place, deals with finance. Unfortunately, that point seems to have been glossed over in the way that the Government and the usual channels have put the process together. The Procedure Committee or others might want to look in detail at how such Joint Committees come into being. I would not want it to become a regular occurrence for Joint Committees, including those considering financial issues, to have Members of the other place sitting on them and determining what is taken forward.

It will be difficult to get the Bill right. It will be like finding the ark of the covenant to find a regulatory system that everyone agrees with and that protects the public from the scenes that we saw a few years ago. It is interesting that we hear the Conservatives say these days that they are now for more regulation, even though in the 1980s they deregulated the financial markets and then called for less regulation when the previous Labour Government of whom I was a member were bringing in legislation.

I am concerned about the short time scale that is being allowed for the Bill. The motion says that

“the Committee should report on the draft Bill by 1 December 2011.”

We are about to go into a long recess and the Committee will have to work through that to keep to that timetable. I wonder why that date was inserted. Getting this right is more important than any headlines the Government wish to create so that they can say they have solved the problem of the regulation of the banks. The date needs to be reconsidered and the timetable extended.